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Yes, I read your whole post, but I didn't think that "people are stupid" was
the kind of factual statement one refutes or supports, any more than Plato's
famous "hot dog" comment.
I also think it's inappropriate in Liebeck's particular case: The
information *as presented* (there's your caveat) indicates that McDonald's
knew that its coffee was significantly hotter than most people prepare it at
home, and therefore more dangerous. They also knew that most people drank it
right away. Why is it "stupid" for someone to assume that McDonald's coffee
is as hot as the coffee they prepare at home, and that they are in danger
only of staining their pants?
It isn't about my personal opinion of trial lawyers, big corporations, the
size of jury awards, the level of litigiousness in American society, or
human nature in general. It's all about precision and accuracy, which is one
of our stocks in trade. (Ha! Got the TW tie-in -- swish)
The warnings or lack thereof on the side of a coffee cup are McDonald's
documentation for the use of that product. If McDonald's knows that the
stuff is unusually hot for typical coffee, and also that people tend to
drink it right away, then they need to write the documentation to fit the
user's needs -- even if Marketing doesn't like it. (Ha! Three-pointer)
OK, so I didn't check my facts 100%... I was going
from memory. See? I'm stupid. And apparently so was
Liebeck, as "Liebeck placed the cup between her knees
and attempted to remove the plastic lid from the cup."
Don't need a fact sheet to prove people are stupid.
Which was the point of my post. Didn't you pick up on
that? Apparently not, which proves you're human.
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